South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL TENANCIES ACT 1995 - SECT 24

24—Jurisdiction of Tribunal

        (1)         The Tribunal has—

            (a)         exclusive jurisdiction to hear and determine a matter that may be the subject of an application under this Act;

            (b)         subject to the regulations—jurisdiction to hear and determine claims or disputes arising from tenancies granted for residential purposes by the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust, or arising under agreements collateral to such tenancies (including such agreements that may involve a third party);

            (c)         the other jurisdictions conferred on the Tribunal by statute.

        (2)         However, the Tribunal does not have jurisdiction to hear and determine a monetary claim if the amount claimed exceeds $10 000 unless the parties to the proceedings consent in writing to the claim being heard and determined by the Tribunal (and if consent is given, it is irrevocable).

        (3)         If a monetary claim is above the Tribunal's jurisdictional limit, the claim and any other claims related to the same tenancy may be brought in a court competent to hear and determine a claim founded on contract for the amount of the claim.

        (4)         A court in which proceedings are brought under subsection (3) may exercise the powers of the Tribunal under this Act.

        (5)         If the plaintiff in proceedings brought in a court under this section recovers less than $10 000, the plaintiff is not entitled to costs unless the court is satisfied that there were reasonable grounds for the plaintiff to believe that the plaintiff was entitled to $10 000 or more.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]